On Monday, 16 states of America filed a complaint against the American President Trump’s national emergency declaration. Xavier Becerra, Californian Attorney General is leading the group of 16 states filed a lawsuit in the United States Northern District Court of California.
Becerra gives his statement that they are trying to stop Donald Trump from violating the Constitution, thieving money from the citizens of America and its states that allotted Congress lawfully and from the separation of powers. There are sixteen states involved the lawsuit and their attorney generals from the states of Connecticut, Virginia, Illinois, Colorado, Maryland, Maine, New Jersey, Delaware, New York, Michigan, Nevada, Hawaii, Oregon, New Mexico, Minnesota, and Connecticut.
Challenges and Trump Administration
Trump administration is facing this hottest challenge whereas, they are already facing law complaints about the emergency declaration at the national level. Each complaint has a focus on the argument that Trump administration is bypassing Congress to fund the US-Mexico border wall by emergency declaration.
According to Staff attorney of the ACLU’s NSP (National Security project) Dror Ladin, the Constitution assigns the power of the purse to Congress and in the past not any other US president tried to use the authority of emergency to back a selected project, domestic projects on a large scale against the will of Congress.
Xavier Becerra claimed that the money appropriated to the states might them at risk due to which states challenged Donald Trump. He further expressed that if the assigned money to different states is stealing by the president in terms of various other purposes, in result the people of those states are being harmed. It was expected that the wave of lawsuits would start and it is difficult for the Trump administration to fight them in court.
Trump Declares National Emergency
The President of the United States Trump declares a national emergency and unlock a supply of funds by invoking specific statutory authority because the National Emergencies Act allowed him. The US President has wide discretion about the end of the national emergency. Thus, according to the legal experts to fight the declaration on an emergency basis, itself supposed to difficult. Another raised question is that whether the statue Trump has withdrawn and in this case, he needs the use of armed forces to fund the wall.
Under the emergency declaration, the Trump administration will sign $2.5 billion for narcotics military funding and $3.6 billion for the financing of military construction. Patrick Shanahan, acting United States Defense Secretary stated that he would going to start the study those projects to pull from and find whether barriers of the border are essential to back the use of the armed forces.
Stephen Miller, the White House adviser, gives a signal that if the lawmakers tried to dismiss the declaration than Trump will use his first veto of the presidency. Robert Chesney who served at the University of Texas said that any type of National emergency could stay for one year then have to terminate. President has the authority to renew the declaration but 90 days before the termination.